Tenants in New Brunswick often worry about responsibility when guests cause damage in a rental unit. Whether damage is accidental, deliberate, or caused by a visitors negligence, understanding tenant liability, how landlords may claim deductions, and what evidence to gather can protect your rights and finances. This guide explains practical steps for documenting damage, communicating with your landlord, using initial and final inspection reports, and when to involve the Residential Tenancies Tribunal. It also covers how security deposits may be applied, key forms you might need, and how to prepare a clear application or defence. Read on for plain-language advice tailored to New Brunswick renters who want to prevent surprises and resolve disputes fairly.
Who can be held responsible?
In New Brunswick, tenants are generally responsible for damage caused by themselves or their guests if the lease or legislation places a duty to take reasonable care of the rental unit. A landlord may seek to deduct repair costs from a tenants security deposit or pursue a claim through the Residential Tenancies Tribunal [1]. The Residential Tenancies Act sets the legal framework about repairs, deposits and dispute procedures [2].
Documenting damage and evidence
Good evidence is the strongest protection for a tenant. Collect clear records as soon as possible, keep copies, and note dates, times and any witnesses.
- Document the damage with clear date-stamped photos and videos.
- Keep receipts for any temporary repairs or replacement items paid for by you or your guest.
- Write a dated, signed statement explaining what happened and who was present.
Security deposits, deductions and inspections
Landlords may use a security deposit for unpaid rent or reasonable repair costs beyond normal wear and tear. Before disputes start, use the initial inspection to note pre-existing damage and compare it to the final inspection when you move out. For details about deposit rules and examples of lawful deductions, see Understanding Rental Deposits: What Tenants Need to Know.
Also complete and keep the move-in inspection report; this helps show what was already damaged. For practical tips on performing that inspection, review the Guide to the Initial Rental Property Inspection for Tenants.
When to apply to the Residential Tenancies Tribunal
If you cannot agree with the landlord about responsibility or deductions, you can apply to the Residential Tenancies Tribunal to resolve the dispute. The Tribunal hears claims about unpaid rent, unlawful deductions from deposits and damage disputes; apply as soon as you cannot reach a fair settlement [1]. Typical forms include the "Application to the Residential Tenancies Tribunal" (used to start a hearing) and various response forms for landlords and tenants on the Tribunals forms page [3]. Example: if a landlord deducts $600 from your deposit for carpet stains you did not cause, you can file an application asking the Tribunal to order a refund with evidence.
What to expect at a hearing
- Attend the scheduled hearing with copies of photos, receipts and inspection reports.
- Present clear, chronological evidence and any witness contact information.
- Bring written notes of conversations or written notices exchanged with the landlord.
FAQ
- Who pays if my guest damages the unit?
- Generally the tenant is responsible for damage caused by guests; however, responsibility depends on the facts, the lease, and whether the damage is beyond ordinary wear and tear. If you dispute a claim, gather evidence and consider applying to the Residential Tenancies Tribunal.
- Can a landlord deduct guest-caused damage from my deposit?
- Yes, landlords can deduct reasonable repair costs from a security deposit, but they must follow the rules in the Residential Tenancies Act and provide documentation. If you disagree with the deduction, you can request details and file an application with the Tribunal.
- What evidence helps my case?
- Photos, videos, dated inspection reports, receipts for repairs, written witness statements and copies of communication with the landlord are the most useful evidence.
- How long will a Tribunal decision take?
- Timelines vary; small claims are often scheduled within weeks to a few months depending on caseload. File promptly and follow any Tribunal directions to avoid delays.
How-To
- Document the damage immediately with photos, video and a written note of date, time and witnesses.
- Notify your landlord in writing, describe the damage, and attach photos or receipts.
- Keep a clear record of all communications and ask for itemized repair costs if the landlord proposes deductions.
- If you cannot agree, complete and submit an application to the Residential Tenancies Tribunal with copies of your evidence [3].
- Attend the hearing prepared, present your evidence calmly, and follow Tribunal instructions for orders or appeals.
Key Takeaways
- Document damage promptly with photos, receipts and dated notes.
- Use inspection reports and written communication to protect your deposit.
- If you cannot resolve the dispute, file an application with the Tribunal.
Help and Support / Resources
- Residential Tenancies Tribunal - Forms and Information
- Residential Tenancies Act (New Brunswick)
- Service New Brunswick - Tenant Information and Services
